Tag: Law

Back in 2007, a Blackwater security team, which was contracted by the Department of State to provide security for its personnel in Iraq, was setting up a roadblock near Nisoor Square in western part of Baghdad after a bomb has exploded in another part of the city. Six of the guards opened fire into a crowd, killing 14 Iraqi civilians and injuring 18 others. A six year old by was among the dead.

After an extensive investigation by the Department of Justice, the six Blackwater guards were arrested and charged in 2009. That case was dismissed by a district court judge on the premise that the criminal case was based on sworn statements of the guards given under a grant of immunity. Then in 2011 that ruling was overturned and the charges were reinstated. Four of the original six are now on trial in Washington, DC

What has now come out is that even before the shooting in Nisoor Square, there was an investigation into Blakwater’s operations in Iraq that was squashed by American embassy personnel who sided with Balckwater claiming that the investigation was disrupting the embassy’s relationship with the security firm. The investigators were then ordered to leave the country.

The real reason is far more nefarious. One of Balckwater’s top managers threatened to kill the government’s chief investigator and bragging that no one could do anything about it because they were in Iraq.

The State Department declined to comment on the aborted investigation. A spokesman for Erik Prince, the founder and former chief executive of Blackwater, who sold the company in 2010, said Mr. Prince had never been told about the matter.

After Mr. Prince sold the company, the new owners named it Academi. In early June, it merged with Triple Canopy, one of its rivals for government and commercial contracts to provide private security. The new firm is called Constellis Holdings.

Experts who were previously unaware of this episode said it fit into a larger pattern of behavior. “The Blackwater-State Department relationship gave new meaning to the word ‘dysfunctional,’ ” said Peter Singer, a strategist at the New America Foundation, a public policy institute, who has written extensively on private security contractors. “It involved everything from catastrophic failures of supervision to shortchanging broader national security goals at the expense of short-term desires.”

Even before Nisour Square, Blackwater’s security guards had acquired a reputation among Iraqis and American military personnel for swagger and recklessness, but their complaints about practices ranging from running cars off the road to shooting wildly in the streets and even killing civilians typically did not result in serious action by the United States or the Iraqi government. [..]

It did not take long for the two-man investigative team – Mr. Richter, a Diplomatic Security special agent, and Donald Thomas Jr., a State Department management analyst – to discover a long list of contract violations by Blackwater. [..]

On Aug. 20, 2007, Mr. Richter was called in to the office of the embassy’s regional security officer, Bob Hanni, who said he had received a call asking him to document Mr. Richter’s “inappropriate behavior.” Mr. Richter quickly called his supervisor in Washington, who instructed him to take Mr. Thomas with him to all remaining meetings in Baghdad, his report noted.

The next day, the two men met with Daniel Carroll, Blackwater’s project manager in Iraq, to discuss the investigation, including a complaint over food quality and sanitary conditions at a cafeteria in Blackwater’s compound. Mr. Carroll barked that Mr. Richter could not tell him what to do about his cafeteria, Mr. Richter’s report said. The Blackwater official went on to threaten the agent and say he would not face any consequences, according to Mr. Richter’s later account.

Mr. Carroll said “that he could kill me at that very moment and no one could or would do anything about it as we were in Iraq,” Mr. Richter wrote in a memo to senior State Department officials in Washington. He noted that Mr. Carroll had formerly served with Navy SEAL Team 6, an elite unit.

“Mr. Carroll’s statement was made in a low, even tone of voice, his head was slightly lowered; his eyes were fixed on mine,” Mr. Richter stated in his memo. “I took Mr. Carroll’s threat seriously. We were in a combat zone where things can happen quite unexpectedly, especially when issues involve potentially negative impacts on a lucrative security contract.”

He added that he was especially alarmed because Mr. Carroll was Blackwater’s leader in Iraq, and “organizations take on the attitudes and mannerisms of their leader.”

Mr. Thomas witnessed the exchange and corroborated Mr. Richter’s version of events in a separate statement, writing that Mr. Carroll’s comments were “unprofessional and threatening in nature.” He added that others in Baghdad had told the two investigators to be “very careful,” considering that their review could jeopardize job security for Blackwater personnel.

Somebody in the State Department needs to do some explaining.

Considering it has sided with corporations in so many of its rulings over the last few years, the out come of the last two rulings by the US Supreme Court for this session were predictable down to the vote.

As in its decision in Citizens United, in a five to four vote, the court rules that just like people, corporations, too, have religious beliefs.

Supreme Court Rejects Contraceptives Mandate for Some Corporationsby Adam Liptak, New York Times

The Supreme Court ruled on Monday that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom.

The 5-to-4 decision, which applied to two companies owned by Christian families, opened the door to challenges from other corporations to many laws that may be said to violate their religious liberty.

Justice Samuel A. Alito Jr., writing for the court’s five more conservative justices, said a federal religious-freedom law applied to for-profit corporations controlled by religious families. He added that the requirement that the companies provide contraception coverage imposed a substantial burden on the companies’ religious liberty. He said the government could provide the coverage in other ways.

Justice Ruth Bader Ginsburg, writing for the court’s four-member liberal wing, said the contraception coverage requirement was vital to women’s health and reproductive freedom. Justices Stephen G. Breyer and Elena Kagan joined almost all of the dissent, but they said there was no need to take a position on whether corporations may bring claims under the religious liberty law.

In an Illinois case with another 5 – 4 ruling, the justices ruled that in-home healthcare workers who are paid by the state cannot be compelled to pay union dues.

Supreme Court Ruling Allows Some Public Workers to Opt Out of Union Fees by Steven Greenhouse, New York Times

The Supreme Court ruled narrowly on Monday that some government employees did not have to pay any fees to labor unions representing them, but the court decision declined to strike down a decades-old precedent that required many public-sector workers to pay union fees.

Writing the majority 5-4 opinion, Justice Samuel A. Alito Jr. concluded that there was a category of government employee – a partial public employee – who can opt out of joining a union and not be required to contribute dues to that labor group.

Justice Alito wrote that home-care aides who are typically employed by an ill or disabled person with Medicaid’s paying their wages would be classified as partial public employees, which would not be the same as public-school teachers or police officers who work directly for the government.

Because states often set wages for partial public employees like home-care aides and because unions often do not conduct collective bargaining for them, these aides cannot be required to pay union fees, Justice Alito wrote. He wrote that requiring these home-care aides to pay would be a violation of their First Amendment rights.

Burwell v Hobby Lobby can be read here and Harris Et Al. v. Quinn, Governor of Illinois, Et Al can be read here

Last week the city of Miami sued JP Morgan Chase for its predatory lending practices in Miami’e minority neighborhoods that caused a wave of foreclosures resulting in blight and high crime in those areas

There has been no criminal prosecution of these banking behemoths by the Department of Justice, not because of lack of evidence but because Attorney General Eric Holder refused to bring those charges. Instead Holder has negotiated with the banks and, in the case of JPMorgan, directly with the CEO’s, imposing large fines that most of these banks recoup in hours. We know that the Obama administration is top heavy with former Wall Street and banking executives from Obama’s Treasury Department, to the Department of Commerce down to his latest appointment Thomas Wheeler, as chair of the Federal Communications Commission. Why has this been allowed? Why haven’t the regulations and reforms been enacted? Why no prosecutions? One word answer: Congress. As PBS’s [Bill Moyer notes Congress is their secret weapon

These finance executives took part in “scandals that violate the most basic ethical norms,” as the head of the IMF Christine Lagarde put it last month, including illegal foreclosures, money laundering and the fixing of interest rate benchmarks. In fact, banking CEOs not only avoided prosecution but got average pay rises of 10 percent last year, taking home, on average, $13 million in compensation.

  These “gentlemen” are among the leaders of the industry’s efforts to repeal, or water down, some of the tougher rules and regulations enacted in the Dodd-Frank legislation that was passed to prevent another crash. As usual, they’re swelling their ranks with the very people who helped to write that bill. More than two dozen federal officials have pushed through the revolving door to the private sector they once sought to regulate.

   And then there are the lapdogs in Congress willfully collaborating with the financial industry. As the Center for Public Integrity put it recently, they are “Wall Street’s secret weapon,” a handful of representatives at the beck and call of the banks, eager to do their bidding. Jeb Hensarling is their head honcho. The Republican from Texas chairs the House Financial Services Committee, which functions for Wall Street like one of those no-tell motels with the neon sign. Hensarling makes no bones as to where his loyalties lie. “Occasionally we have been accused of trying to undermine aspects of Dodd-Frank,” he said recently, adding, with a chuckle, “I hope we’re guilty of it.” Guilty as charged, Congressman. And it tells us all we need to know about our bought and paid for government that you think it’s funny.

Mr. Moyers was joined by economist Anat Admati, co-author of the book, The Bankers’ New Clothes, to discuss the bipartisan effort to defang Dodd-Frank and let these Too Big To Fail banks get even bigger.

Wall Street banks are lobbying to defang sections of the law related to derivatives – the complex financial contracts at the core of the meltdown. One deregulation bill, the “London Whale Loophole Act,” would allow American banks to skip Dodd-Frank’s trading rules on derivatives if they are traded in countries that have similar regulatory structures.

During an hour “fireside” chat at this week’s Southland Conference on technology, entrepreneurship and southern culture, former Vice President Al Gore was asked about Eric Snowden by Sarah Lacey. His answer, when asked if Snowden was a hero or traitor, was quite clear:

   I hear this question all the time…I’m like most people, I don’t put (Snowden) in either one of those categories. But I will be candid – if you set up a spectrum, I would push it more away from the traitor side. He clearly violated the law (so) you can’t say OK what he did is alright. It is not.

   But what he revealed in the course of violating important laws included violations of the Constitution that were way more serious than the crimes he committed. In the course of violating important laws he also provided an important service because we did need to know how far this has gone.

He then added his concerns about the mass surveillance by the NSA:

This is a threat to the heart of democracy. Democracy is among other things a state of mind. If any of us are put in a position where we have to self censor, and think twice about what we write in an email, or what we click on for fear that somebody reading a record of this may misunderstand why we looked up some disease or something, some young people who might otherwise get help with a medical condition, might think oh my gosh if I put down a search for bipolar illness I will be stigmatized if my online file is hacked or accessed by my employer. That kills democracy.

Edward Snowden’s NSA leaks ‘an important service’, says Al Gore

By Ewan MacAskill, The Guardian

Former vice-president argues whistleblower exposed ‘violations of US constitution far more serious than crimes he committed’

Asked if he regarded Snowden as a traitor or whistleblower, Gore veered away from the “traitor” label. He refused to go as far as labelling him a whistleblower but signalled he viewed him as being closer to that category than a traitor, saying: “What he revealed in the course of violating important laws included violations of the US constitution that were way more serious than the crimes he committed.” [..]

Gore called on the internet companies to work with the public to help draw up a “digital Magna Carta” that provides protection of freedoms. “They need to pay attention to correcting some of these gross abuses of individual privacy that are ongoing in the business sphere,” he said.

Snowden’s hope of a return to the US is dependent on a change in a major shift in opinion that would allow him to escape a lengthy prison sentence. His supporters will seize on Gore’s comments to help make the case that he is a whistleblower and should be allowed to return to the US as a free man. Ben Wizner, Snowden’s US-based lawyer, said: “Al Gore is quite obviously right. Regrettably, the laws under which Snowden is being charged make no allowance for the value of the information he disclosed. Whether the NSA’s activities violated the law or the constitution would be irrelevant in a trial under the Espionage Act.”

This conversation about our privacy and the government disregard of the Constitution in the name of security is not over by a long shot.

This government should be afraid of internet trolls. Very afraid.

On his June 1 Sunday night show “Last Week Tonight,” John Oliver made an impassioned plea to angry internet users to “focus your indiscriminate rage in a useful direction” and “prevent cable company fu*kery.”

Well we did and on Monday June 2 an army of Jon’s internet “trolls” crashed the Federal Communication Commission’s web site with e-mails demanding they protect net neutrality.

This is John’s call to action: Stop Calling It Net Neutrality; It’s ‘Preventing Cable Company F**kery’

And I can’t believe I’m going to do this. i would like to address the internet commenters out there directly. Good evening monsters, this may be the moment you spent your whole lives training for. You’ve been out there ferociously commenting on dance videos of adorable three-years-olds, saying things like: “every child could dance like this little loser after 1 week of practice.” Or you’d be polluting “Frozen’s ” Let It Go with comments like, “ice castle would giver her hypothermia and she dead in an hour.” Or, and I know you’ve done this one commenting on this show: “f*ck this asshole anchor…go suck ur president’s dick…ur just friends with terrorists xD.”

This is the moment you were made for, commenters. Like Ralph Macchio, you’ve been honing your skills waxing cars and painting fences, well guess what? Now it’s time to do some f*king karate.

For once in your life we need you to channel that anger. That badly spelled bile that you normally reserve.

H/T John Amato @ Crooks and Liars for the partial transcript

The FCC started taking public comments, nearly 50,000 have been posted in the last 30 days. Undoubtedly, those number will rise after John’s brilliant rant.

You still comment to the FCC at their site, here or use the easier EFF interface at DearFCC.org.

“No place to hide”

Chris Hayes talks with Glenn Greenwald about his new book and new NSA revelations from his book “No Place to Hide.”

Hating on Glenn Greenwald

Chris Hayes gets journalist Glenn Greenwald to open up about his tendency alienate liberals.

This administration, especially the Department of Justice really hates your Fourth Amendment rights and is doing everything in its power to narrow your right to privacy as much as it can.

DOJ Says Americans Have No 4th Amendment Protections At All When They Communicate With Foreigners

by Make Masnick, Techdirt

We’ve already questioned if it’s really true that the 4th Amendment doesn’t apply to foreigners (the Amendment refers to “people” not “citizens”). But in some new filings by the DOJ, the US government appears to take its “no 4th Amendment protections for foreigners” to absurd new levels. It says, quite clearly, that because foreigners have no 4th Amendment protections it means that any Americans lose their 4th Amendment protections when communicating with foreigners. They’re using a very twisted understanding of the (already troubling) third party doctrine to do this. As you may recall, after lying to the Supreme Court, the Justice Department said that it would start informing defendants if warrantless collection of information under Section 702 of the FISA Amendments Act (FAA) was used in the investigation against them.

Last October, it finally started alerting some defendants, leading courts to halt proceedings and re-evaluate. As two of those cases have moved forward, the DOJ is trying to defend those cases, and one way it’s doing so is to flat out say that Americans have no 4th Amendment protections when talking to foreigners.

   The Supreme Court has long held that when one person voluntarily discloses information to another, the first person loses any cognizable interest under the Fourth Amendment in what the second person does with the information. . . . For Fourth Amendment purposes, the same principle applies whether the recipient intentionally makes the information public or stores it in a place subject to a government search. Thus, once a non-U.S. person located outside the United States receives information, the sender loses any cognizable Fourth Amendment rights with respect to that information. That is true even if the sender is a U.S. person protected by the Fourth Amendment, because he assumes the risk that the foreign recipient will give the information to others, leave the information freely accessible to others, or that the U.S. government (or a foreign government) will obtain the information.

This argument is questionable on so many levels. First, it’s already relying on the questionable third party doctrine, but it seems to go much further, by then arguing that merely providing information to a foreign person means that it’s okay for the US government to snoop on it without a warrant.

The official US position on the NSA is still unlimited eavesdropping power

by Jameel Jaffer, the ACLU at The Guardian

One year after Snowden, the government is defending – in not-so-plain sight – the ‘paramount’ power to spy on every call and email between you and your friends abroad

The government’s argument is not simply that the NSA has broad authority to monitor Americans’ international communications. The US government is arguing that the NSA’s authority is unlimited in this respect. If the government is right, nothing in the Constitution bars the NSA from monitoring a phone call between a journalist in New York City and his source in London. For that matter, nothing bars the NSA from monitoring every call and email between Americans in the United States and their non-American friends, relatives, and colleagues overseas.

In the government’s view, there is no need to ask whether the 2008 law violates Americans’ privacy rights, because in this context Americans have no rights to be violated.

Marcy Wheeler at emptywheel points out that former Sen Russ Feingold warned us back in 2008 about the abuses that could occur under Section 702 of the FISA Amendments Act (FAA).

In a vote this afternoon the Federal Communications Commission voted open debate on a proposal that would essentially end net neutrality. In a 3 – 2 vote, Chairman Thomas Wheeler and the two other Democratic members voted to allow Internet service providers charge content companies for faster and more reliable delivery of their traffic to users.

Critics worry the rules would create “fast lanes” for companies that pay up and slower traffic for others, although Wheeler has pledged to prevent “acts to divide the Internet between ‘haves’ and ‘have nots.'”

The FCC’s proposal tentatively concludes that some pay-for-priority deals may be allowed, but asks whether “some or all” such deals should be banned and how to ensure paid prioritization does not relegate any traffic to “slow lanes.” [..]

Consumer advocates want the FCC to reclassify Internet providers as utilities, like telephone companies, rather than as the less-regulated information services they are now.

Opponents have told Wheeler that stricter regulations would throw the industry into legal limbo, discourage investment in network infrastructure and still not prevent pay-for-priority deals.

Numerous technology companies, including Google Inc and Facebook Inc, have spoken out against allowing pay-for-priority, although they have not called for reclassification.

At the moment, nothing has change but as Mike Masnick at Techdirt put it, the door is now open to a very messy process that didn’t need to happen because the FCC has the power to declare the Internet a public utility:

At this point, what we basically have is open season on lobbyists trying to influence the FCC one way or another, eventually leading to some sort of rulemaking, followed (inevitably) by a bunch of lawsuits from broadband providers who aren’t going to be happy with any solution. And, of course, the potential (unlikely as it may be) for Congress to get involved. [..]

And while Wheeler has suggested that the FCC is willing to knock down laws that block competition, we’ll believe it when we see it in action. On top of that, Wheeler made it clear today that he still sees the interconnection issue as a separate issue, even thought it’s becoming clear that that’s where the real problem is. Oh, and while lots of people are calling for Title II reclassification, and there are many reasons to believe that may be the best solution, it’s also exceptionally messy as well, because Title II has lots of problems as well. The FCC would need to deal with those problems, via forbearance, which creates a whole different set of headaches. [..]

But, that doesn’t mean that everyone should just throw up their hands and go home to their (increasingly slow) internet. The broadband lobbyists will not be doing that. And, of course, they know quite well how to play the lobbying game and how to work the ins-and-outs of everything above. It is why it’s going to become increasingly important to become much more informed on a variety of these issues and the true implications of the choices the FCC makes in the coming months. If you would like to weigh in, and I do suggest everyone seek to share their comments with the FCC, I would suggest first spending a little time more deeply reading through the full set of issues and what the pros and cons of different options may be. You can file comments directly with the FCC or via a very, very handy Dear FCC tool that the EFF put together.

Time to take action by sending this easy letter to the FCC that the Electronic Freedom Foundation has put together:

It’s our Internet. We made it, and it has re-made us, changing the way we communicate, learn, share and create.

We want the Internet to continue to live up to its promise, fostering innovation, creativity and freedom. We don’t want regulations that will turn our ISPs into gatekeepers, making special deals with the few companies that can “pay to play” and inhibiting new competition, innovation and expression.

Start your letter to the FCC by clicking here

Keep the Internet Neutral

This is the second part of Glenn’s interview with Democracy Now!‘s Amy Goodman to discuss the book his book. The first part are here.

Journalist, author and constitutional lawyer Glenn Greenwald’s new book “No Place To Hide” was released this week and Glenn has been on the interview circuit discussing the book, Edward Snowden and the next set of revelations about the NSA spying. In an interview with GQ magazine, he talks about what a whirlwind this last year has been as the hottest story in the world has unfolded:

Glenn Greenwald is trying to lose fifteen pounds. “Um, it’s been a little crazy these past nine months,” he says. “And I will eat French fries or potato chips if they’re in front of me.” On his porch, perched on a jungle mountaintop in Rio, the morning is fresh. Greenwald, in board shorts and a collared short-sleeve shirt, has done his daily hour’s worth of yoga and attached himself to one of his five laptops as his dozen dogs yap and wag to begin the day’s circus in his monkey-and-macaw paradise.

To put it simply, Greenwald has had one hell of a dizzying run. The Bourne plotline is familiar now: In late 2012, a shady contact calling himself Cincinnatus reached out via e-mail with the urgent desire to reveal some top-secret documents. As a blogger, author, and relentless commentator on all things related to the NSA, Greenwald had been here before. He figured it was a setup, or nut job, and disregarded the message. The source then contacted Greenwald’s friend Laura Poitras, an Academy Award-nominated documentary filmmaker, and sent along a sample of encrypted documents. Poitras got in touch with Greenwald immediately: Not only did this seem like a potential jackpot, she said, but Cincinnatus wouldn’t go ahead until Greenwald had been looped in.

Soon, per the source’s instructions, they were on a plane to Hong Kong. Greenwald and Poitras did exactly as they were told, showing up at the Mira hotel at 10:20 a.m. on June 3, in front of a giant plastic alligator, looking for a man holding a Rubik’s Cube. “I thought he would be a 60-year-old senior NSA guy,” says Greenwald. And then here’s this pale, stringbeany kid with glasses, “looking all of twentysomething.” This, of course, was the 29-year-old NSA contractor Edward Snowden. Once they retired to his hotel room, he turned over an estimated tens of thousands of documents, the vast majority of them classified “Top Secret,” comprising arguably the biggest leak of classified material in U.S. history. After days of intensive work with Greenwald and Poitras, Snowden fled-just minutes ahead of the press-only to reappear in Moscow.

This left Greenwald with the most exhilarating and daunting task of his career: to figure out how to curate and publish the vast Snowden archive in his Brazilian self-exile. Once he began, his work triggered an avalanche of articles that branded him a hero, a traitor, a collaborator. In one fell swoop, he had piqued and scandalized and provoked the world into a deeper debate about not just surveillance and privacy but power and truth. The odyssey eventually led him from The Guardian, where the first articles appeared revealing the NSA’s secret surveillance of Verizon records, to his central position in Pierre Omidyar’s $250 million muckraking gambit known as First Look Media and The Intercept, where Greenwald is figurehead, main attraction, and blogitor-in-chief.

The Guardian has a excerpt from the book describing the first hectic days following the first meeting with Mr.Snowden in Hong Kong:

On Thursday 6 June 2013, our fifth day in Hong Kong, I went to Edward Snowden’s hotel room and he immediately said he had news that was “a bit alarming”. An internet-connected security device at the home he shared with his longtime girlfriend in Hawaii had detected that two people from the NSA – a human-resources person and an NSA “police officer” – had come to their house searching for him.

Snowden was almost certain this meant that the NSA had identified him as the likely source of the leaks, but I was sceptical. “If they thought you did this, they’d send hordes of FBI agents with a search warrant and probably Swat teams, not a single NSA officer and a human-resources person.” I figured this was just an automatic and routine inquiry, triggered when an NSA employee goes absent for a few weeks without explanation. But Snowden suggested that perhaps they were being purposely low-key to avoid drawing media attention or setting off an effort to suppress evidence.

Whatever the news meant, it underscored the need for Laura Poitras – the film-maker who was collaborating with me on the story – and I to quickly prepare our article and video unveiling Snowden as the source of the disclosures. We were determined that the world would first hear about Snowden, his actions and his motives, from Snowden himself, not through a demonisation campaign spread by the US government while he was in hiding or in custody and unable to speak for himself.

Our plan was to publish two more articles on the NSA files in the Guardian and then release a long piece on Snowden himself, accompanied by a videotaped interview, and a printed Q&A with him.

Poitras had spent the previous 48 hours editing the footage from my first interview with Snowden, but she said it was too detailed, lengthy, and fragmented to use. She wanted to film a new interview right away; one that was more concise and focused, and wrote a list of 20 or so specific questions for me to ask him. I added several of my own as Poitras set up her camera and directed us where to sit.

Along with the release of the book, Glenn has also released more documents which Kevin Gosztola summarizes at FDL’s Dissenter.

Glenn joined Democracy Now!‘s Amy Goodman to discuss the book in the first part of a two day interview.